Sentu Sk And ANR v. State Of West Bengal

09.01.2024 Item No.173(M.L.) Ct.No.29 dc./srm Rejected C.R.M. (A) 4804 of 2023 In Re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Domkal Police Station Case No. 424 of 2023 dated 26.06.2023 under Sections 341/326/307/34 of the Indian Penal Code and Sections 25/27 of the Arms Act and Sections 3/4 of the Explosive Substances Act, 1908.

And In Re :

Sentu Sk. & Anr.

... Petitioners.

Mr. Anisur Rahman ... For the Petitioners.

Ms. Faria Hossain, Mr. Anand Keshari ... For the State.

The application for anticipatory bail is taken up for consideration subsequent to the order dated October 17, 2023 passed by the Coordinate Bench.

By such order, an interim anticipatory bail was granted to the petitioners.

It is submitted at the bar that such order was passed without considering the materials in the case diary and in view of the ensuing puja vacation.

We perused the materials in the case diary.

We find that the petitioners fired the firearm and injured received gunshot injury.

The petitioner no.1 was arrested.

Consequently, CRM(A) 4804 of 2023 is dismissed as infructuous so far as the petitioner no.1 is concerned. So far as the petitioner no.2 is concerned, considering the fact that he was involved in shooting the victim who

suffered the gunshot injury, we are unable to confirm the interim order dated October 17, 2023 or grant anticipatory bail to the petitioner no.2.

Accordingly, the prayer for anticipatory bail of the petitioner no.2 is rejected.

CRM(A) 4804 of 2023 is dismissed.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)